Legal Opinion

Hawkeye Loan & Brokerage Co. v. City of Marion

Supreme Court of Iowa

Decided February 1, 1900PublishedCited by 6 opinions

Appeal from Linn District Gourt. — Hon. William G. Thompson, Judge. Action at la.w to recover back an amount paid by plaintiff as a special assessment for a sidewalk laid in front of property on which it held a treasurer’s tax certificate. The defendant filed answer to the petition, and thereupon plaintiff moved for judgment in its favor on tke pleadings as -they then stood. The trial court sustained the motion, and ordered judgment for plaintiff as prayed. Defendant appeals.

1Opinion of the CourtDeemee, J.

*4701 *4712 3 *4724 *469Assuming that the practice in this case is proper when the answer admits'the material allegations of the petition and does not contain an affirmative defense^ we have to inquire whether the record discloses such a state of facts. Plaintiff alleges that certain property in the city of Marion was sold for taxes for the year 1895 j that it purchased the same, and that a certificate was issued to it therefor, and that it is still the owner of said certificate; that thereafter a special tax was levied against the property for sidewalk purposes; that the act of the auditor of Linn county in…

2Cases cited8 opinions

  1. Kraft v. City of KeokukSupreme Court of Iowa · 1862
  2. D. M. & M. R. Co. v. LowrySupreme Court of Iowa · 1879
  3. Dittoe v. City of DavenportSupreme Court of Iowa · 1888
  4. Lindsey v. Boone CountySupreme Court of Iowa · 1895
  5. Newcomb v. City of DavenportSupreme Court of Iowa · 1892

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3Cited by6 opinions

  1. Charles Hewitt & Sons Co. v. KellerSupreme Court of Iowa · 1937
  2. Slimmer v. Chickasaw CountySupreme Court of Iowa · 1908
  3. Reed v. City of Cedar RapidsSupreme Court of Iowa · 1907
  4. Anderson v. CameronSupreme Court of Iowa · 1904
  5. Ahlers v. City of EsthervilleSupreme Court of Iowa · 1905

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